Florida Statute 938.3 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 938
COURT COSTS

View Entire Chapter

F.S. 938.03

938.03 Crimes Compensation Trust Fund.—

(1) Any person pleading guilty or nolo contendere to, or being convicted of or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state or the violation of any municipal or county ordinance which adopts by reference any misdemeanor under state law, shall pay as an additional cost in the case, in addition and prior to any other cost required to be imposed by law, the sum of $50. Any person whose adjudication is withheld shall also be assessed such cost.

(2) These costs shall not be waived by the court.

(3) In the event that the individual has been ordered to pay restitution in accordance with s. 775.089, costs referenced in this section shall be included in a judgment.

(4) The clerk of the court shall collect and forward $49 of each $50 collected to the Department of Revenue, to be deposited in the Crimes Compensation Trust Fund. The clerk shall retain the remaining $1 of each $50 collected as an additional cost by the clerk’s office.

History.—s. 1, ch. 77-452; s. 311, ch. 79-400; s. 15, ch. 80-146; s. 1, ch. 82-222; s. 3, ch. 83-319; s. 7, ch. 85-250; s. 7, ch. 85-326; s. 13, ch. 92-107; s. 23, ch. 92-287; s. 14, ch. 94-342; s. 4, ch. 97-271; s. 20, ch. 2001-122; s. 123, ch. 2003-402.

Note.—Former s. 960.20.

F.S. 938.03 on Google Scholar

F.S. 938.03 on CourtListener

Amendments to 938.03

Annotations, Discussions, Cases:

Cases Citing Statute 938.03

Total Results: 39

State v. JM

824 So. 2d 105, 2002 WL 1448825

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 1435387

Cited 59 times | Published

section commits a felony of the third degree ...."); § 938.03(1), Fla. Stat. (2001) ("When any person pleads

VKE v. State

934 So. 2d 1276, 2006 WL 1838948

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 2185398

Cited 29 times | Published

section 938.01 imposes a $3.00 court cost and section 938.03 imposes $50.00 as an additional cost for the

VKE v. State

902 So. 2d 343, 2005 WL 1250783

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1675050

Cited 16 times | Published

section 938.01 imposes a $3.00 court cost and section 938.03 imposes $50.00 as an additional cost for the

SSM v. State

898 So. 2d 84, 2004 WL 2776878

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 1448284

Cited 9 times | Published

with another provision in the same chapter, section 938.03, Florida Statutes (2004), establishing the

TLS v. State

949 So. 2d 290, 2007 WL 419339

District Court of Appeal of Florida | Filed: Feb 9, 2007 | Docket: 1375256

Cited 8 times | Published

Parenthetically, we note that, based on a reading of section 938.03, which imposes a $50 cost regardless of whether

TLS v. State

949 So. 2d 290, 2007 WL 419339

District Court of Appeal of Florida | Filed: Feb 9, 2007 | Docket: 1375256

Cited 8 times | Published

Parenthetically, we note that, based on a reading of section 938.03, which imposes a $50 cost regardless of whether

Brenton McNeil v. State of Florida

215 So. 3d 55, 42 Fla. L. Weekly Supp. 453, 2017 WL 1366131, 2017 Fla. LEXIS 828

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684628

Cited 7 times | Published

so as it has in other cost statutes. See, e.g., § 938.03(1), Fla. Stat. (2016) (“shall pay as an additional

JWJ v. State

994 So. 2d 1223, 2008 WL 4899179

District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 1666931

Cited 5 times | Published

DCA 2007). Another $50.00 is authorized by section 938.03(1), Florida Statutes (2007), which expressly

EJ v. State

912 So. 2d 382, 2005 WL 2654943

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1755562

Cited 3 times | Published

as a condition of probation: $50 pursuant to section 938.03, Florida Statutes (2003); $3 pursuant to section

J.C. v. State

32 So. 3d 196, 2010 Fla. App. LEXIS 5289

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 60289871

Cited 2 times | Published

for the Crimes Compensation Trust Fund under section 938.03(1), Florida Statutes (2008). We need not address

JC v. State

32 So. 3d 196, 2010 WL 1563681

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 376305

Cited 2 times | Published

for the Crimes Compensation Trust Fund under section 938.03(1), Florida Statutes (2008). We need not address

State v. JC

916 So. 2d 847

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 1187323

Cited 2 times | Published

assess the surcharges because, in contrast to section 938.03, Florida Statutes (2004),[1] sections 938.08

State v. J.M.

824 So. 2d 105, 27 Fla. L. Weekly Supp. 621, 2002 Fla. LEXIS 1468

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 64817028

Cited 2 times | Published

commits a felony of the third degree .... ”); § 938.03(1), Fla. Stat. (2001) (“When any person pleads

Sheffield v. State

651 So. 2d 160, 1995 WL 63195

District Court of Appeal of Florida | Filed: Feb 17, 1995 | Docket: 476430

Cited 2 times | Published

orders of probation in the criminal rules and section 938.03(1). Because of this continuing problem in this

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

checked : ___ $50.00 pursuant to section 938.03, Florida Statutes (Crimes Compensation Trust

T.D.S. v. State

45 So. 3d 18, 2010 Fla. App. LEXIS 10675, 2010 WL 2788878

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 60296017

Cited 1 times | Published

the Criminal Compensation Trust Fund under section 938.03, Florida Statutes (2008), which the trial court

EAD v. State

1 So. 3d 405, 2009 WL 323335

District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 1414337

Cited 1 times | Published

to F.S. 775.083(2) Crime Prevention Fund and F.S. 938.03 Crimes Compensation Trust Funds." The State correctly

J.W.J. v. State

994 So. 2d 1223, 2008 Fla. App. LEXIS 17639

District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 64856851

Cited 1 times | Published

DCA 2007). Another $50.00 is authorized by section 938.03(1), Florida Statutes (2007), which expressly

V.K.E. v. State

934 So. 2d 1276, 31 Fla. L. Weekly Supp. 505, 2006 Fla. LEXIS 1475

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 64845913

Cited 1 times | Published

Crimes Compensation Trust Fund authorized by section 938.03(1), Florida Statutes, sections 938.08 and 938

In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

Supreme Court of Florida | Filed: Feb 13, 2025 | Docket: 69636665

Published

Compensation Trust Fund fee, under section 938.03, Florida Statutes; ..... pay $.

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report

258 So. 3d 1254

Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347876

Published

Victim's Crimes Compensation Trust Fund fee, under section 938.03, Florida Statutes; ..... pay $-......

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

if checked: $50.00 pursuant to section 938.03, Florida Statutes (Crimes Compensation Trust

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

checked: $50.00 pursuant to section 938.03, Florida Statutes (Crimes Compensation Trust

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

checked: $50.00 pursuant to section 938.03, Florida Statutes (Crimes Compensation Trust

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

following sums if checked: _$50.00 pursuant to section 938.03, Florida Statutes (Crimes Compensation Trust

Strickland v. State

135 So. 3d 348, 2013 WL 6097539, 2013 Fla. App. LEXIS 18511

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60239573

Published

Florida Statutes, which should be changed to “section 938.03, Florida Statutes.” The second appears in the

In re Amendments to the Florida Rules of Juvenile Procedure

123 So. 3d 1128, 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

Supreme Court of Florida | Filed: Oct 3, 2013 | Docket: 60234859

Published

Victim's Crime Compensation Trust Fund fee, under section 938.03, Florida Statutes; . pay $. the Teen Court

In re Amendments to the Florida Rules of Juvenile Procedure

115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756

Supreme Court of Florida | Filed: May 23, 2013 | Docket: 60232163

Published

the Crime Compensation Trust Fund fee, under section 938.03. Florida Statutes: . pay $.the Teen Court cost

De la Fuente v. State

58 So. 3d 394, 2011 Fla. App. LEXIS 5189, 2011 WL 1377065

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 60299354

Published

correct statutory authorities are as follows: 1) Section 938.03, Florida Statutes (2007), Crimes Compensation

In re Amendments to the Florida Rules of Criminal Procedure

48 So. 3d 17, 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323

Supreme Court of Florida | Filed: Sep 23, 2010 | Docket: 60296528

Published

following sums if checked: _ $50.00 pursuant to section 938.03, Florida Statutes (Crimes Compensation Trust

E.A.D. v. State

1 So. 3d 405, 2009 Fla. App. LEXIS 1048

District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 60224880

Published

to F.S. 775.083(2) Crime Prevention Fund and F.S. 938.03 Crimes Compensation Trust Funds.” The State correctly

C.S. v. State

985 So. 2d 706, 2008 Fla. App. LEXIS 10523

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 64855175

Published

originally imposed the $50 surcharge pursuant to section 938.03 as a term of his probation; therefore, he contends

CS v. State

985 So. 2d 706, 2008 WL 2697249

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 1254123

Published

originally imposed the $50 surcharge pursuant to section 938.03 as a term of his probation; therefore, he contends

T.L.S. v. State

949 So. 2d 290, 2007 Fla. App. LEXIS 1580

District Court of Appeal of Florida | Filed: Feb 9, 2007 | Docket: 64849281

Published

Parenthetically, we note that, based on a reading of section 938.03, which imposes a $50 cost regardless of whether

E.J. v. State

912 So. 2d 382, 2005 Fla. App. LEXIS 16586

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 64840617

Published

as a condition of probation: $50 pursuant to section 938.03, Florida Statutes (2003); $3 pursuant to section

State v. J.C.

916 So. 2d 847, 2005 Fla. App. LEXIS 12792

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 64841398

Published

assess the surcharges because, in contrast to section 938.03, Florida Statutes (2004),1 sections 938.08

V.K.E. v. State

902 So. 2d 343, 2005 Fla. App. LEXIS 8060

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838431

Published

section 938.01 imposes a $3.00 court cost and section 938.03 imposes $50.00 as an additional cost for the

S.S.M. v. State

898 So. 2d 84, 2004 Fla. App. LEXIS 18304

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 64837323

Published

with another provision in the same chapter, section 938.03, Florida Statutes (2004), establishing the

SC v. Peterson

718 So. 2d 220, 1998 WL 429971

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 1515047

Published

restrictiveness level defined in s. 938.03(45)."[1] Section 938.03(45) sets forth the five restrictiveness levels